H.B.�No.�1918
AN ACT
relating to changing the name of the Office of Rural Community
Affairs to the Texas Department of Rural Affairs.
�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
�������SECTION�1.��Section 12.040(f), Agriculture Code, is amended
to read as follows:
�������(f)��The department shall consult with the Texas Department
[Office] of Rural [Community] Affairs to establish parameters for
certification of rural communities under this section.
�������SECTION�2.��Section 38.060(a), Education Code, is amended to
read as follows:
�������(a)��This section applies only to a school-based health
center serving an area that:
�������������(1)��is located in a county with a population not
greater than 50,000; or
�������������(2)��has been designated under state or federal law as:
�������������������(A)��a health professional shortage area;
�������������������(B)��a medically underserved area; or
�������������������(C)��a medically underserved community by the
Texas Department [Office] of Rural [Community] Affairs.
�������SECTION�3.��Sections 51.918(a) and (c), Education Code, are
amended to read as follows:
�������(a)��The Texas Higher Education Coordinating Board, the
Texas Department [Office] of Rural [Community] Affairs, medical
schools, nursing schools, and schools of allied health sciences
shall cooperate to improve and expand programs for rural areas.
�������(c)��The Texas Department [Office] of Rural [Community]
Affairs shall develop relief service programs for rural physicians
and allied health personnel to facilitate ready access to
continuing medical education as well as to provide practice
coverage for purposes other than continuing medical education.
�������SECTION�4.��Section 58.007(b)(1), Education Code, is amended
to read as follows:
�������������(1)��The Primary Care Residency Advisory Committee is
created and shall consist of 12 members as follows:
�������������������(A)��seven members shall be licensed physicians,
one appointed by each of the following:
�������������������������(i)��the Texas Medical Association;
�������������������������(ii)��the Texas Osteopathic Medical
Association;
�������������������������(iii)��the Texas Academy of Family
Physicians;
�������������������������(iv)��the Texas Society of the American
College of Osteopathic Family Physicians;
�������������������������(v)��the Texas Society of Internal Medicine;
�������������������������(vi)��the Texas Pediatric Society; and
�������������������������(vii)��the Texas Association of
Obstetricians and Gynecologists;
�������������������(B)��one member shall be appointed by the Texas
Department [Office] of Rural [Community] Affairs;
�������������������(C)��one member shall be appointed by the Bureau
of Community Oriented Primary Care at the [Texas] Department of
State�Health Services; and
�������������������(D)��three members shall be members of the public,
one appointed by each of the following:
�������������������������(i)��the governor;
�������������������������(ii)��the lieutenant governor; and
�������������������������(iii)��the speaker of the house of
representatives.
�������SECTION�5.��Section 61.0899, Education Code, is amended to
read as follows:
�������Sec.�61.0899.��ASSISTANCE IN CERTAIN RURAL HEALTH CARE LOAN
REIMBURSEMENT AND STIPEND PROGRAMS. The board shall, in
cooperation with the Texas Department [Office] of Rural [Community]
Affairs and the department's [office's] advisory panel established
under Section 487.552, Government Code, ensure that the board seeks
to obtain the maximum amount of funds from any source, including
federal funds, to support programs to provide student loan
reimbursement or stipends for graduates of degree programs in this
state who practice or agree to practice in a medically underserved
community.
�������SECTION�6.��Section 403.1065(c), Government Code, is amended
to read as follows:
�������(c)��The available earnings of the fund may be appropriated
to the Texas Department [Office] of Rural [Community] Affairs for
the purposes of Subchapter H, Chapter 487.
�������SECTION�7.��Section 405.021(c), Government Code, is amended
to read as follows:
�������(c)��The secretary of state shall compile information
received from the Texas Department [Office] of Rural [Community]
Affairs, the Texas Water Development Board, the Texas
Transportation Commission, the Texas Department of Housing and
Community Affairs, the Department of State Health Services, the
Texas Commission on Environmental Quality, the Health and Human
Services Commission, the Texas Cooperative Extension, councils of
governments, an institution of higher education that receives
funding from the state for projects that provide assistance to
colonias, and any other agency considered appropriate by the
secretary of state for purposes of the classification system.
�������SECTION�8.��The heading to Chapter 487, Government Code, is
amended to read as follows:
CHAPTER 487. TEXAS DEPARTMENT [OFFICE] OF RURAL
[COMMUNITY] AFFAIRS
�������SECTION�9.��Section 487.001, Government Code, is amended to
read as follows:
�������Sec.�487.001.��DEFINITIONS. In this chapter:
�������������(1)��"Board" means the board of the Texas Department
[Office] of Rural [Community] Affairs.
�������������(2)��"Department" ["Office"] means the Texas
Department [Office] of Rural [Community] Affairs.
�������SECTION�10.��Section 487.002, Government Code, is amended to
read as follows:
�������Sec.�487.002.��SUNSET PROVISION. �The Texas Department
[Office] of Rural [Community] Affairs is subject to Chapter 325
(Texas Sunset Act).��Unless continued in existence as provided by
that chapter, the department [office] is abolished and this chapter
expires September 1, 2013.
�������SECTION�11.��Section 487.021(a), Government Code, is amended
to read as follows:
�������(a)��The board is the governing body of the department
[office].
�������SECTION�12.��Sections 487.022(b) and (c), Government Code,
are amended to read as follows:
�������(b)��A person may not be a member of the board and may not be a
department [an office] employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.) and its subsequent amendments, if:
�������������(1)��the person is an officer, employee, or paid
consultant of a Texas trade association in the field of rural
affairs; or
�������������(2)��the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of rural
affairs.
�������(c)��A person may not be a member of the board or act as the
general counsel to the board or the department [office] if the
person is required to register as a lobbyist under Chapter 305
because of the person's activities for compensation on behalf of a
profession related to the operation of the department [office].
�������SECTION�13.��Section 487.023(b), Government Code, is amended
to read as follows:
�������(b)��The training program must provide the person with
information regarding:
�������������(1)��the legislation that created the department
[office];
�������������(2)��the programs, functions, rules, and budget of the
department [office];
�������������(3)��the results of the most recent formal audit of the
department [office];
�������������(4)��the requirements of laws relating to open
meetings, public information, administrative procedure, and
conflicts of interest; and
�������������(5)��any applicable ethics policies adopted by the
department [office] or the Texas Ethics Commission.
�������SECTION�14.��Section 487.025, Government Code, is amended to
read as follows:
�������Sec.�487.025.��DIVISION OF RESPONSIBILITY. �The board shall
develop and implement policies that clearly separate the
policy-making responsibilities of the board and the management
responsibilities of the executive director and staff of the
department [office].
�������SECTION�15.��Section 487.026(a), Government Code, is amended
to read as follows:
�������(a)��The board may hire an executive director to serve as the
chief executive officer of the department [office] and to perform
the administrative duties of the department [office].
�������SECTION�16.��Section 487.027, Government Code, is amended to
read as follows:
�������Sec.�487.027.��PUBLIC HEARINGS. �The board shall develop and
implement policies that provide the public with a reasonable
opportunity to appear before the board and to speak on any issue
under the jurisdiction of the department [office].
�������SECTION�17.��Section 487.028(b), Government Code, is amended
to read as follows:
�������(b)��The policy statement must include:
�������������(1)��personnel policies, including policies relating
to recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the department [office] to avoid
the unlawful employment practices described by Chapter 21, Labor
Code; and
�������������(2)��an analysis of the extent to which the composition
of the department's [office's] personnel is in accordance with
state and federal law and a description of reasonable methods to
achieve compliance with state and federal law.
�������SECTION�18.��Section 487.030, Government Code, is amended to
read as follows:
�������Sec.�487.030.��COMPLAINTS. (a) �The department [office]
shall maintain a system to promptly and efficiently act on
complaints filed with the department [office].��The department
[office] shall maintain information about parties to the complaint,
the subject matter of the complaint, a summary of the results of the
review or investigation of the complaint, and its disposition.
�������(b)��The department [office] shall make information
available describing its procedures for complaint investigation
and resolution.
�������(c)��The department [office] shall periodically notify the
complaint parties of the status of the complaint until final
disposition.
�������SECTION�19.��Section 487.031, Government Code, is amended to
read as follows:
�������Sec.�487.031.��USE OF TECHNOLOGY. �The board shall implement
a policy requiring the department [office] to use appropriate
technological solutions to improve the department's [office's]
ability to perform its functions.��The policy must ensure that the
public is able to interact with the department [office] on the
Internet.
�������SECTION�20.��Section 487.032, Government Code, is amended to
read as follows:
�������Sec.�487.032.��NEGOTIATED RULEMAKING AND ALTERNATIVE
DISPUTE RESOLUTION PROCEDURES. (a) �The board shall develop and
implement a policy to encourage the use of:
�������������(1)��negotiated rulemaking procedures under Chapter
2008 for the adoption of department [office] rules; and
�������������(2)��appropriate alternative dispute resolution
procedures under Chapter 2009 to assist in the resolution of
internal and external disputes under the department's [office's]
jurisdiction.
�������(b)��The department's [office's] procedures relating to
alternative dispute resolution must conform, to the extent
possible, to any model guidelines issued by the State Office of
Administrative Hearings for the use of alternative dispute
resolution by state agencies.
�������(c)��The board shall designate a trained person to:
�������������(1)��coordinate the implementation of the policy
adopted under Subsection (a);
�������������(2)��serve as a resource for any training needed to
implement the procedures for negotiated rulemaking or alternative
dispute resolution; and
�������������(3)��collect data concerning the effectiveness of those
procedures, as implemented by the department [office].
�������SECTION�21.��Section 487.051, Government Code, as amended by
Chapters 560 (S.B. 1440) and 1241 (H.B. 2542), Acts of the 80th
Legislature, Regular Session, 2007, is reenacted and amended to
read as follows:
�������Sec.�487.051.��POWERS AND DUTIES. �(a) �The department
[office] shall:
�������������(1)��assist rural communities in the key areas of
economic development, community development, rural health, and
rural housing;
�������������(2)��serve as a clearinghouse for information and
resources on all state and federal programs affecting rural
communities;
�������������(3)��in consultation with rural community leaders,
locally elected officials, state elected and appointed officials,
academic and industry experts, and the interagency work group
created under this chapter, identify and prioritize policy issues
and concerns affecting rural communities in the state;
�������������(4)��make recommendations to the legislature to address
the concerns affecting rural communities identified under
Subdivision (3);
�������������(5)��monitor developments that have a substantial
effect on rural Texas communities, especially actions of state
government, and compile an annual report describing and evaluating
the condition of rural communities;
�������������(6)��administer the federal community development
block grant nonentitlement program;
�������������(7)��administer programs supporting rural health care
as provided by this chapter;
�������������(8)��perform research to determine the most beneficial
and cost-effective ways to improve the welfare of rural
communities;
�������������(9)��ensure that the department [office] qualifies as
the state's office of rural health for the purpose of receiving
grants from the Office of Rural Health Policy of the United States
Department of Health and Human Services under 42 U.S.C. Section
254r;
�������������(10)��manage the state's Medicare rural hospital
flexibility program under 42 U.S.C. Section 1395i-4;
�������������(11)��seek state and federal money available for
economic development in rural areas for programs under this
chapter; [and]
�������������(12)��in conjunction with the Department of
Agriculture, regularly cross-train department [office] employees
with employees of the Department of Agriculture regarding the
programs administered and services provided by each agency to rural
communities; and
�������������(13)�[(11)]��work with interested persons to assist
volunteer fire departments and emergency services districts in
rural areas.
�������(b)��The department [office] may require department [office]
employees who work at locations other than the central office to be
based in Department of Agriculture offices.
�������SECTION�22.��Section 487.053(a), Government Code, is amended
to read as follows:
�������(a)��The department [office] may accept gifts, grants, and
donations from any organization for the purpose of funding any
activity under this chapter, and the department [office] shall
actively seek funding from appropriate nonprofit foundations.
�������SECTION�23.��Section 487.054(a), Government Code, is amended
to read as follows:
�������(a)��At least once each year, the following agency heads or
their designees shall meet in Austin to discuss rural issues and to
provide information showing the impact each agency has on rural
communities for use in developing rural policy and compiling the
annual report under Section 487.051(a)(5)�[487.051(4)]:
�������������(1)��the commissioner of agriculture;
�������������(2)��the executive director of the Public Utility
Commission of Texas;
�������������(3)��the director of the Texas Agricultural Extension
Service;
�������������(4)��the executive director of the Texas Department of
Housing and Community Affairs;
�������������(5)��the commissioner of the Department of State Health
Services;
�������������(6)��the executive administrator of the Texas Water
Development Board;
�������������(7)��the executive director of the Parks and Wildlife
Department;
�������������(8)��the commissioner of higher education;
�������������(9)��the comptroller;
�������������(10)��the executive director of the Texas Department of
Transportation;
�������������(11)��the executive director of the Texas Commission on
Environmental Quality;
�������������(12)��the executive director of the Texas Economic
Development and Tourism Office;
�������������(13)��the commissioner of insurance;
�������������(14)��the commissioner of the Department of Aging and
Disability Services;
�������������(15)��the commissioner of education;
�������������(16)��the executive commissioner of the Health and
Human Services Commission;
�������������(17)��the executive director of the Texas Workforce
Commission;
�������������(18)��the executive director of the Texas Historical
Commission;
�������������(19)��a member of the Railroad Commission of Texas;
�������������(20)��the executive director of the State Soil and
Water Conservation Board;
�������������(21)��the executive director of the department
[office]; and
�������������(22)��the head of any other agency interested in rural
issues.
�������SECTION�24.��Section 487.0541(c), Government Code, is
amended to read as follows:
�������(c)��The work group shall meet at the call of the executive
director of the department [office].
�������SECTION�25.��Section 487.056, Government Code, is amended to
read as follows:
�������Sec.�487.056.��REPORT TO LEGISLATURE. (a) �Not later than
January 1 of each odd-numbered year, the department [office] shall
submit a biennial report to the legislature regarding the
activities of the department [office], the activities of the Texas
Rural Foundation, and any findings and recommendations relating to
rural issues.
�������(b)��The department [office] shall obtain information from
each county about indigent health care provided in the county and
information from each university, medical school, rural community,
or rural health care provider that has performed a study relating to
rural health care during the biennium. The department [office]
shall include the information obtained under this subsection in the
department's [office's] report to the legislature.
�������(c)��The department [office] shall obtain information on the
availability of housing in rural communities throughout the state
for all income levels.��The department [office] shall include the
information, and the department's [office's] assessment of the
information, in the department's [office's] report to the
legislature.
�������SECTION�26.��Section 487.057, Government Code, is amended to
read as follows:
�������Sec.�487.057.��RURAL HEALTH WORK PLAN. (a) �The department
[office] shall develop, implement, and update a rural health work
plan.
�������(b)��The department [office] shall submit the rural health
work plan to the board for approval.��The board shall approve the
rural health work plan not later than August 1 of each odd-numbered
year.
�������(c)��The department [office] shall work with health care
providers, rural communities, universities, and all health and
human service related state agencies to develop the rural health
work plan. The department [office] shall solicit public comment on
the rural health work plan.
�������(d)��The rural health work plan must identify:
�������������(1)��the mission, goals, and objectives of how the
department [office] will work to assist rural communities in
meeting rural health care needs;
�������������(2)��ways for the state to effectively and creatively
address the unmet health care needs of rural communities;
�������������(3)��ways to coordinate the administration and delivery
of rural health care service with federal, state, and local public
and private programs that provide similar services; and
�������������(4)��the department's [office's] priorities to
accomplish the objectives of the plan.
�������SECTION�27.��Section 487.058, Government Code, is amended to
read as follows:
�������Sec.�487.058.��CONTRACT FOR ADMINISTRATIVE SERVICES. (a) �
The department [office] shall enter into an interagency contract
with another state agency to provide routine administrative
services for the department [office].
�������(b)��The Legislative Budget Board and the Department of
Information Resources shall:
�������������(1)��evaluate and recommend the most efficient and
appropriate ways to obtain the administrative services under
Subsection (a); and
�������������(2)��assist the department [office] with contracting
and any other matters relating to obtaining the administrative
services in the most efficient manner.
�������SECTION�28.��Sections 487.059(c) and (e), Government Code,
are amended to read as follows:
�������(c)��If the executive director or another department
[office] employee has a financial interest in an entity that
applies for a monetary award, the executive director or employee:
�������������(1)��shall, as soon as possible, disclose to the board
the fact of the director's or employee's financial interest;
�������������(2)��may not participate in staff evaluations regarding
the monetary award; and
�������������(3)��if the executive director or employee under
department [office] procedures may vote, or make a recommendation
concerning a vote, on a matter that involves the monetary award:
�������������������(A)��shall disclose the fact of the director's or
employee's financial interest before a vote on the monetary award,
which the board or committee shall enter into the minutes of the
meeting at which a vote on the monetary award is taken; and
�������������������(B)��may not vote on or otherwise participate in a
discussion or any other activity that relates to awarding the
monetary award.
�������(e)��Subsections (f) and (g) apply only to a member of the
board or a committee who is employed by:
�������������(1)��an entity that offers to enter into a contract with
the department [office]; or
�������������(2)��an entity that is under common ownership or
governance with or otherwise affiliated with an entity that applies
for a monetary award or offers to enter into a contract with the
department [office].
�������SECTION�29.��Sections 487.060(b) and (d), Government Code,
are amended to read as follows:
�������(b)��To assist the secretary of state in preparing the report
required under Section 405.021, the department [office] on a
quarterly basis shall provide a report to the secretary of state
detailing any projects funded by the department [office] that serve
colonias by providing water or wastewater services, paved roads, or
other assistance.
�������(d)��The department [office] shall require an applicant for
funds administered by the department [office] to submit to the
department [office] a colonia classification number, if one exists,
for each colonia that may be served by the project proposed in the
application.��If a colonia does not have a classification number,
the department [office] may contact the secretary of state or the
secretary of state's representative to obtain a number.��On request
of the department [office], the secretary of state or the secretary
of state's representative shall assign a classification number.
�������SECTION�30.��Section 487.061(a), Government Code, is amended
to read as follows:
�������(a)��The department [office] shall establish a program to
provide interested rural communities with:
�������������(1)��general information about emergency services
districts;
�������������(2)��information and training related to the
establishment of an emergency services district; and
�������������(3)��technical assistance related to the
implementation of an emergency services district.
�������SECTION�31.��Section 487.102, Government Code, is amended to
read as follows:
�������Sec.�487.102.��ADMINISTRATION. The department [office]
shall administer or contract for the administration of the program.
�������SECTION�32.��Section 487.104(b), Government Code, is amended
to read as follows:
�������(b)��The selection committee shall make selections based on
criteria approved by the board and adopted as a rule of the
department [office].
�������SECTION�33.��Section 487.105(b), Government Code, is amended
to read as follows:
�������(b)��If a person is neither a high school student nor an
undergraduate student, the person must be eligible for
participation in the competition under rules adopted by the
department [office].
�������SECTION�34.��Section 487.109(d), Government Code, is amended
to read as follows:
�������(d)��Any amount of loan principal or interest that is not
forgiven under this section shall be repaid to the department
[office] with reasonable collection fees in a timely manner as
provided by board rule.
�������SECTION�35.��Sections 487.110(b), (c), (d), and (e),
Government Code, are amended to read as follows:
�������(b)��The fund consists of legislative appropriations, gifts,
grants, donations, the market value of in-kind contributions, and
principal and interest payments on forgivable loans deposited to
the credit of the fund by the department [office].
�������(c)��The department [office] shall administer the fund.
�������(d)��The department [office] shall allocate the fund, as
available, for forgivable loans under this subchapter.
�������(e)��The department [office] shall deposit any principal and
interest payments on forgivable loans to the credit of the fund.
�������SECTION�36.��Section 487.111(b), Government Code, is amended
to read as follows:
�������(b)��The department [office] shall require reports from
students and postsecondary educational institutions as needed to
monitor the program. After receiving any necessary releases as a
condition of providing assistance, the department [office] shall
distribute reports relating to the progress of an outstanding rural
scholar to the community sponsoring the scholar.
�������SECTION�37.��Section 487.151(4), Government Code, is amended
to read as follows:
�������������(4)��"Qualified area" means an area qualifying under
the National Health Services Corps Community Scholarship Program or
an area with similar characteristics as identified by the
department [office].
�������SECTION�38.��Section 487.152, Government Code, is amended to
read as follows:
�������Sec.�487.152.��ADMINISTRATION. (a) �The department [office]
shall administer or contract for the administration of the program.
�������(b)��The department [office] may solicit and accept gifts,
grants, donations, and contributions to support the program.
�������SECTION�39.��Section 487.153, Government Code, is amended to
read as follows:
�������Sec.�487.153.��HEALTH CAREERS PROMOTION. The department
[office] may establish a program to work with students,
communities, and community-based organizations to encourage high
school students to pursue health care professional careers. The
department [office] shall give priority to working with communities
and students in qualified areas.
�������SECTION�40.��Section 487.158(b), Government Code, is amended
to read as follows:
�������(b)��The contract must provide that if the student does not
provide the required services to the community or provides those
services for less than the required time, the student is personally
liable to the state for:
�������������(1)��the total amount of assistance the student
receives from the department [office] and the sponsoring community;
�������������(2)��interest on the total amount at a rate set by the
board; and
�������������(3)��the state's reasonable expenses incurred in
obtaining payment, including reasonable attorney's fees.
�������SECTION�41.��Sections 487.160(b), (c), (d), (e), and (f),
Government Code, are amended to read as follows:
�������(b)��The department [office] shall administer the fund.
�������(c)��The fund consists of gifts, grants, donations, the
market value of in-kind contributions, and principal and interest
payments on forgivable loans deposited to the credit of the fund by
the department [office].
�������(d)��The department [office] shall deposit any principal and
interest payments on forgivable loans to the credit of the fund.
�������(e)��The department [office] shall allocate the fund, as
available, for forgivable loans and community repayment under this
subchapter.
�������(f)��Unless otherwise provided by the General Appropriations
Act, the department [office] may use money appropriated to the
department [office] to support the fund.
�������SECTION�42.��Section 487.161(a), Government Code, is amended
to read as follows:
�������(a)��The department [office] shall require reports from
students, communities, and postsecondary educational institutions
as needed to monitor the program. After receiving any necessary
releases as a condition of providing assistance, the department
[office] shall distribute reports relating to the progress of a
student to the community sponsoring the student.
�������SECTION�43.��Section 487.162, Government Code, is amended to
read as follows:
�������Sec.�487.162.��PROGRAM PROMOTION. The department [office]
shall provide postsecondary educational institutions and
communities in qualified areas with information about health care
careers and loan opportunities, including information on
eligibility and availability of funds under this subchapter.
�������SECTION�44.��Section 487.201(1), Government Code, is amended
to read as follows:
�������������(1)��"Medically underserved community" means:
�������������������(A)��a community located in an area in this state
with a medically underserved population;
�������������������(B)��a community located in an area in this state
designated by the United States secretary of health and human
services as an area with a shortage of personal health services;
�������������������(C)��a population group designated by the United
States secretary of health and human services as having a shortage
of personal health services;
�������������������(D)��a community designated under state or federal
law as a medically underserved community; or
�������������������(E)��a community that the department [office]
considers to be medically underserved based on relevant
demographic, geographic, and environmental factors.
�������SECTION�45.��Sections 487.202(b) and (d), Government Code,
are amended to read as follows:
�������(b)��A medically underserved community may sponsor a
physician who has completed a primary care residency program and
has agreed to provide primary care in the community by contributing
start-up money for the physician and having that contribution
matched wholly or partly by state money appropriated to the
department [office] for that purpose.
�������(d)��The department [office] may not pay more than $25,000 to
a community in a fiscal year unless the board makes a specific
finding of need by the community.
�������SECTION�46.��Section 487.203, Government Code, is amended to
read as follows:
�������Sec.�487.203.��ELIGIBILITY. �To be eligible to receive money
from the department [office], a medically underserved community
must:
�������������(1)��apply for the money; and
�������������(2)��provide evidence satisfactory to the board that it
has entered into an agreement with a physician for the physician to
provide primary care in the community for at least two years.
�������SECTION�47.��Section 487.204, Government Code, is amended to
read as follows:
�������Sec.�487.204.��RULES. �The board shall adopt rules necessary
for the administration of this subchapter, including rules
addressing:
�������������(1)��eligibility criteria for a medically underserved
community;
�������������(2)��eligibility criteria for a physician;
�������������(3)��minimum and maximum community contributions to the
start-up money for a physician to be matched with state money;
�������������(4)��conditions under which state money must be repaid
by a community or physician;
�������������(5)��procedures for disbursement of money by the
department [office];
�������������(6)��the form and manner in which a community must make
its contribution to the start-up money; and
�������������(7)��the contents of an agreement to be entered into by
the parties, which must include at least:
�������������������(A)��a credit check for an eligible physician; and
�������������������(B)��community retention of interest in any
property, equipment, or durable goods for seven years.
�������SECTION�48.��Section 487.252(a), Government Code, is amended
to read as follows:
�������(a)��The board shall establish a program in the department
[office] to assist communities in recruiting and retaining
physicians to practice in medically underserved areas.
�������SECTION�49.��Section 487.253, Government Code, is amended to
read as follows:
�������Sec.�487.253.��ADMINISTRATION. (a) �The board shall adopt
rules necessary to administer this subchapter, and the department
[office] shall administer the program in accordance with those
rules.
�������(b)��The department [office] may not spend for the
department's [office's] administrative costs in administering the
program more than 10 percent of the amount appropriated to
implement this subchapter.
�������SECTION�50.��Section 487.254(a), Government Code, is amended
to read as follows:
�������(a)��The department [office] may award a stipend to a
physician under this subchapter if the physician enters into a
written contract to provide services in a medically underserved
area for at least one year for each year that the physician receives
the stipend.
�������SECTION�51.��Sections 487.255(a) and (b), Government Code,
are amended to read as follows:
�������(a)��The department [office] shall award stipends to
physicians for one-year periods. A stipend awarded under this
subchapter may not exceed $15,000 each year.
�������(b)��The department [office] may renew a stipend used to
assist a particular physician.
�������SECTION�52.��Section 487.256, Government Code, is amended to
read as follows:
�������Sec.�487.256.��FUNDING. The department [office] may seek,
receive, and spend money received through an appropriation, grant,
donation, or reimbursement from any public or private source to
implement this subchapter.
�������SECTION�53.��Section 487.302, Government Code, is amended to
read as follows:
�������Sec.�487.302.��POWERS OF DEPARTMENT [OFFICE]. In
administering this subchapter, the department [office] may:
�������������(1)��enter into and enforce contracts and execute and
deliver conveyances and other instruments necessary to make and
administer grants, loans, and loan guarantees under this
subchapter;
�������������(2)��employ personnel and counsel necessary to
implement this subchapter and pay them from money appropriated for
that purpose;
�������������(3)��impose and collect reasonable fees and charges in
connection with grants, loans, and loan guarantees made under this
subchapter and provide reasonable penalties for delinquent payment
of fees, charges, or loan repayments;
�������������(4)��take and enforce a mortgage or appropriate
security interest in real or personal property that a loan
recipient acquires with the proceeds of a loan made under this
subchapter; and
�������������(5)��adopt rules necessary to implement the grant,
loan, and loan guarantee program.
�������SECTION�54.��Section 487.303(a), Government Code, is amended
to read as follows:
�������(a)��The department [office] may use money appropriated to
the department [office] under Section 403.1065 to make a grant or
low-interest loan to, or guarantee a loan for, a public or nonprofit
hospital located in a rural county.
�������SECTION�55.��Section 487.304, Government Code, is amended to
read as follows:
�������Sec.�487.304.��ELIGIBILITY FOR GRANT, LOAN, OR LOAN
GUARANTEE; INTEREST RATE. (a) �The department [office] shall adopt
rules that establish eligibility criteria for receiving a grant,
loan, or loan guarantee under this subchapter.
�������(b)��The rules must state generally the factors the
department [office] will consider in determining whether an
applicant should receive a grant, loan, or loan guarantee. The
rules must consider at least the financial need of the applicant,
the health care needs of the rural area served by the applicant, and
the probability that the applicant will effectively and efficiently
use the money obtained through the grant, loan, or loan guarantee to
meet the health care needs of the rural area served by the
applicant.
�������(c)��The rules must state generally the factors the
department [office] will consider in determining the extent to
which the interest rate on a loan should be below market rates.
�������SECTION�56.��Section 487.351, Government Code, is amended to
read as follows:
�������Sec.�487.351.��ADMINISTRATION OF COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM; ALLOCATION OF FUNDS. (a) �The department
[office] shall, under the Omnibus Budget Reconciliation Act of 1981
(Pub.L. No. 97-35) and 24 CFR, Part 570, Subpart I, administer the
state's allocation of federal funds provided under the community
development block grant nonentitlement program authorized by Title
I of the Housing and Community Development Act of 1974 (42 U.S.C.
Section 5301 et seq.).
�������(b)��Community development block grant program funds shall
be allocated to eligible counties and municipalities under
department [office] rules.
�������(c)��The department [office] shall give priority to eligible
activities in the areas of economic development, community
development, rural health, and rural housing to support workforce
development in awarding funding for community development block
grant programs.
�������SECTION�57.��Section 487.352, Government Code, is amended to
read as follows:
�������Sec.�487.352.��TRANSFER OF FEDERAL FUNDS. (a) �The
department [office] may enter into an interagency agreement with
the Department of Agriculture to reimburse the Department of
Agriculture for providing on behalf of the department [office]
marketing, underwriting, and any other services on the portion of
the federal community development block grant funds allocated by
the department [office] for economic development activities.
�������(b)��The department [office] shall allocate not more than 20
percent of the federal funds received by the department [office] to
the Department of Agriculture to be used for economic development
activities.
�������(c)��The department [office] shall allocate not more than
five percent of the funds allocated to the Department of
Agriculture under Subsection (b) to be used for county economic and
management development.
�������(d)��The department [office] shall monitor the activities
undertaken by the Department of Agriculture under this section.
�������SECTION�58.��Section 487.353(i), Government Code, is amended
to read as follows:
�������(i)��The committee shall:
�������������(1)��consult with and advise the executive director on
the administration and enforcement of the community development
block grant program; and
�������������(2)��in consultation with the executive director and
department [office] staff, review and approve grant and loan
applications and associated funding awards of eligible counties and
municipalities and advise and assist the executive director
regarding the allocation of program funds to those applicants.
�������SECTION�59.��Section 487.354, Government Code, is amended to
read as follows:
�������Sec.�487.354.��FINANCIAL ASSISTANCE FOR INSTALLATION OF
STREET LIGHTS IN COLONIAS. (a) �In this section, "colonia" means an
identifiable unincorporated community, or an identifiable
community annexed by a municipality and eligible for assistance as
described by Section 43.907(b), Local Government Code, that:
�������������(1)��is located within 150 miles of the international
border of this state in a county that is eligible to receive
financial assistance from the community development block grant
colonia fund under this subchapter, as identified by department
[office] rule;
�������������(2)��is determined by the department [office] to be a
colonia on the basis of objective criteria, including lack of
potable water supply, lack of adequate sewage systems, and lack of
decent, safe, and sanitary housing; and
�������������(3)��was in existence and generally recognized as a
colonia before November 28, 1990.
�������(b)��The department [office] shall adopt a rule requiring a
political subdivision that receives community development block
grant program money targeted toward street improvement projects to
allocate not less than five percent but not more than 15 percent of
the total amount of targeted money to providing financial
assistance to colonias within the political subdivision to enable
the installation of adequate street lighting in those colonias if
street lighting is absent or needed.
�������SECTION�60.��Section 487.401(b), Government Code, is amended
to read as follows:
�������(b)��At the hospital's request, the department [office]
shall designate the hospital as a rural hospital if the hospital
meets the requirements for a rural hospital under the board's
rules.
�������SECTION�61.��Section 487.452(b), Government Code, is amended
to read as follows:
�������(b)��In connection with the program, the department [office]
shall establish and maintain an updated medical resource library
that contains information relating to medical careers. The
department [office] shall make the library available to school
counselors, students, and parents of students.
�������SECTION�62.��Section 487.453, Government Code, is amended to
read as follows:
�������Sec.�487.453.��ADMINISTRATION. (a) �The department [office]
shall administer or contract for the administration of the program.
�������(b)��The department [office] may solicit and accept gifts,
grants, donations, and contributions to support the program.
�������(c)��The department [office] may administer the program in
cooperation with other public and private entities.
�������(d)��The department [office], in consultation with Area
Health Education Center Programs, shall coordinate the program with
similar programs, including programs relating to workforce
development, scholarships for education, and employment of
students, that are administered by other agencies, such as the
Texas Workforce Commission and local workforce development boards.
�������SECTION�63.��Section 487.501(1), Government Code, is amended
to read as follows:
�������������(1)��"Rural community" means a rural area as defined by
the department [office].
�������SECTION�64.��Section 487.502, Government Code, is amended to
read as follows:
�������Sec.�487.502.��GIFTS AND GRANTS. The department [office]
may accept gifts, grants, and donations to support the rural
physician recruitment program.
�������SECTION�65.��Section 487.503(a), Government Code, is amended
to read as follows:
�������(a)��The department [office] shall establish a process in
consultation with the Texas Higher Education Coordinating Board for
selecting Texas medical schools to recruit students from rural
communities and encourage them to return to rural communities to
practice medicine.
�������SECTION�66.��Section 487.551(2), Government Code, is amended
to read as follows:
�������������(2)��"Medically underserved community" means a
community that:
�������������������(A)��is located in a county with a population of
50,000 or less;
�������������������(B)��has been designated under state or federal
law as:
�������������������������(i)��a health professional shortage area; or
�������������������������(ii)��a medically underserved area; or
�������������������(C)��has been designated as a medically
underserved community by the department [office].
�������SECTION�67.��Section 487.552, Government Code, is amended to
read as follows:
�������Sec.�487.552.��ADVISORY PANEL. The department [office]
shall appoint an advisory panel to assist in the department's
[office's] duties under this subchapter. The advisory panel must
consist of at least:
�������������(1)��one representative from the Texas Higher Education
Coordinating Board;
�������������(2)��one representative from the institutions of higher
education having degree programs for the health professions
participating in the programs under this subchapter;
�������������(3)��one representative from a hospital in a medically
underserved community;
�������������(4)��one physician practicing in a medically
underserved community;
�������������(5)��one health professional, other than a physician,
practicing in a medically underserved community; and
�������������(6)��one public representative who resides in a
medically underserved community.
�������SECTION�68.��Section 487.553, Government Code, is amended to
read as follows:
�������Sec.�487.553.��LOAN REIMBURSEMENT PROGRAM. �The board shall
establish a program in the department [office] to assist
communities in recruiting health professionals to practice in
medically underserved communities by providing loan reimbursement
for health professionals who serve in those communities.
�������SECTION�69.��Section 487.554(a), Government Code, is amended
to read as follows:
�������(a)��The board shall establish a program in the department
[office] to assist communities in recruiting health professionals
to practice in medically underserved communities by providing a
stipend to health professionals who agree to serve in those
communities.
�������SECTION�70.��Sections 487.555(b), (c), and (e), Government
Code, are amended to read as follows:
�������(b)��A student in a degree program preparing to become a
health professional may contract with the department [office] for
the loan reimbursement program under Section 487.553 before
obtaining the license required to become a health professional.
�������(c)��The department [office] may contract with a health
professional for part-time services under the stipend program
established under Section 487.554.
�������(e)��A contract under this section must provide that a health
professional who does not provide the required services to the
community or provides those services for less than the required
time is personally liable to the state for:
�������������(1)��the total amount of assistance the health
professional received from the department [office] and the
medically underserved community;
�������������(2)��interest on the amount under Subdivision (1) at a
rate set by the board;
�������������(3)��the state's reasonable expenses incurred in
obtaining payment, including reasonable attorney's fees; and
�������������(4)��a penalty as established by the board by rule to
help ensure compliance with the contract.
�������SECTION�71.��The heading to Section 487.556, Government
Code, is amended to read as follows:
�������Sec.�487.556.��POWERS AND DUTIES OF DEPARTMENT [OFFICE].
�������SECTION�72.��Section 487.556(a), Government Code, is amended
to read as follows:
�������(a)��The board shall adopt rules necessary for the
administration of this subchapter, including guidelines for:
�������������(1)��developing contracts under which loan
reimbursement or stipend recipients provide services to qualifying
communities;
�������������(2)��identifying the duties of the state, state agency,
loan reimbursement or stipend recipient, and medically underserved
community under the loan reimbursement or stipend contract;
�������������(3)��determining a rate of interest to be charged under
Section 487.555(e)(2);
�������������(4)��ensuring that a loan reimbursement or stipend
recipient provides access to health services to participants in
government-funded health benefits programs in qualifying
communities;
�������������(5)��encouraging the use of telecommunications or
telemedicine, as appropriate;
�������������(6)��prioritizing the provision of loan reimbursements
and stipends to health professionals who are not eligible for any
other state loan forgiveness, loan repayment, or stipend program;
�������������(7)��prioritizing the provision of loan reimbursements
and stipends to health professionals who are graduates of health
professional degree programs in this state;
�������������(8)��encouraging a medically underserved community
served by a loan reimbursement or stipend recipient to contribute
to the cost of the loan reimbursement or stipend when making a
contribution is feasible; and
�������������(9)��requiring a medically underserved community
served by a loan reimbursement or stipend recipient to assist the
department [office] in contracting with the loan reimbursement or
stipend recipient who will serve that community.
�������SECTION�73.��Sections 487.559(a) and (c), Government Code,
are amended to read as follows:
�������(a)��The department [office] may administer the permanent
endowment fund for the rural communities health care investment
program. If the department [office] elects not to administer the
fund, the comptroller shall administer the fund.
�������(c)��The comptroller or the department [office] may solicit
and accept gifts and grants to the fund.
�������SECTION�74.��Section 487.560, Government Code, is amended to
read as follows:
�������Sec.�487.560.��REPORTING REQUIREMENT. The department
[office] shall provide a report on the permanent endowment fund for
the rural communities health care investment program to the
Legislative Budget Board not later than November 1 of each year.
The report must include the total amount of money the department
[office] received from the fund, the purpose for which the money was
used, and any additional information that may be requested by the
Legislative Budget Board.
�������SECTION�75.��Section 487.601(3), Government Code, is amended
to read as follows:
�������������(3)��"Rural" means:
�������������������(A)��a community located in a county with a
population not greater than 50,000;
�������������������(B)��an area designated under state or federal law
as:
�������������������������(i)��a health professional shortage area; or
�������������������������(ii)��a medically underserved area; or
�������������������(C)��a medically underserved community designated
by the department [office].
�������SECTION�76.��Section 487.602, Government Code, is amended to
read as follows:
�������Sec.�487.602.��RURAL PHYSICIAN RELIEF PROGRAM. The
department [office] shall create a program to provide affordable
relief services to rural physicians practicing in the fields of
general family medicine, general internal medicine, and general
pediatrics to facilitate the ability of those physicians to take
time away from their practice.
�������SECTION�77.��Section 487.603, Government Code, is amended to
read as follows:
�������Sec.�487.603.��FEES. (a) �The department [office] shall
charge a fee for rural physicians to participate in the program.
�������(b)��The fees collected under this section shall be deposited
in a special account in the general revenue fund that may be
appropriated only to the department [office] for administration of
this subchapter.
�������SECTION�78.��Section 487.604, Government Code, is amended to
read as follows:
�������Sec.�487.604.��FUNDING. The department [office] may solicit
and accept gifts, grants, donations, and contributions to support
the program.
�������SECTION�79.��Section 487.605, Government Code, is amended to
read as follows:
�������Sec.�487.605.��RELIEF PHYSICIAN'S EXPENSES. The department
[office] shall pay a physician providing relief under the program
using fees collected by the center.
�������SECTION�80.��Section 487.606, Government Code, is amended to
read as follows:
�������Sec.�487.606.��PRIORITY ASSIGNMENT OF RELIEF PHYSICIANS.
(a)��The department [office] shall assign physicians to provide
relief to a rural area in accordance with the following priorities:
�������������(1)��solo practitioners;
�������������(2)��counties that have fewer than seven residents per
square mile;
�������������(3)��counties that have been designated under federal
law as a health professional shortage area;
�������������(4)��counties that do not have a hospital; and
�������������(5)��counties that have a hospital but do not have a
continuously staffed hospital emergency room.
�������(b)��In determining where to assign relief physicians, the
department [office] shall consider the number of physicians in the
area available to provide relief services and the distance in that
area to the nearest physician who practices in the same specialty.
�������(c)��At the request of the department [office], residency
program directors may assist the department [office] in
coordinating the assignment of relief physicians.
�������SECTION�81.��Section 487.607, Government Code, is amended to
read as follows:
�������Sec.�487.607.��RELIEF PHYSICIAN RECRUITMENT. The department
[office] shall actively recruit physicians to participate in the
program as relief physicians. The department [office] shall
concentrate on recruiting physicians involved in an accredited
residency program in general pediatrics, general internal
medicine, and general family medicine, physicians registered on the
department's [office's] locum tenens registry, physicians employed
at a medical school, and physicians working for private locum
tenens groups.
�������SECTION�82.��Section 487.608(b), Government Code, is amended
to read as follows:
�������(b)��The advisory committee shall assist the department
[office] in administering the program.
�������SECTION�83.��Section 487.653, Government Code, is amended to
read as follows:
�������Sec.�487.653.��REPORT TO LEGISLATURE. �Not later than
January 1 of each odd-numbered year, the department [office] shall
submit to the legislature a report detailing the grant activities
of the program and grant recipients.��The report must include:
�������������(1)��the criteria used to quantify the effect grant
funds had in advancing telecommunications connectivity and
technology;
�������������(2)��data and performance measures used to quantify the
achievement of program objectives; and
�������������(3)��a description of and results from a grant
monitoring risk assessment and on-site review process.
�������SECTION�84.��Section 487.701, Government Code, as
transferred, redesignated, and amended by Chapter 542 (S.B. 1128),
Acts of the 80th Legislature, Regular Session, 2007, is amended to
read as follows:
�������Sec.�487.701.��CREATION OF FOUNDATION. (a) �The department
[Office of Rural Community Affairs] shall establish the Texas Rural
Foundation as a nonprofit corporation that complies with the Texas
Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's
Texas Civil Statutes), except as otherwise provided by this
chapter, and qualifies as an organization exempt from federal
income tax under Section 501(c)(3), Internal Revenue Code of 1986,
as amended.
�������(b)��The department [Office of Rural Community Affairs]
shall ensure that the Texas Rural Foundation operates independently
of any state agency or political subdivision of the state.
�������SECTION�85.��Section 487.702(c), Government Code, as
transferred, redesignated, and amended by Chapter 542 (S.B. 1128),
Acts of the 80th Legislature, Regular Session, 2007, is amended to
read as follows:
�������(c)��The Texas Rural Foundation shall develop and implement
policies and procedures that clearly separate the responsibilities
and activities of the foundation from the department [Office of
Rural Community Affairs].
�������SECTION�86.��Section 487.703(a), Government Code, as
transferred, redesignated, and amended by Chapter 542 (S.B. 1128),
Acts of the 80th Legislature, Regular Session, 2007, is amended to
read as follows:
�������(a)��The Texas Rural Foundation is governed by a board of an
odd number of at least nine and not more than 15 directors appointed
by the board of the department [Office of Rural Community Affairs].
�������SECTION�87.��Section 487.705(c), Government Code, is amended
to read as follows:
�������(c)��If the executive director of the department [Office of
Rural Community Affairs] has knowledge that a potential ground for
removal exists, the executive director shall notify the presiding
officer of the board of directors of the Texas Rural Foundation of
the potential ground.��The presiding officer shall then notify the
governor and the attorney general that a potential ground for
removal exists.��If the potential ground for removal involves the
presiding officer, the executive director shall notify the next
highest ranking officer of the board of directors, who shall then
notify the governor and the attorney general that a potential
ground for removal exists.
�������SECTION�88.��Section 487.710, Government Code, is amended to
read as follows:
�������Sec.�487.710.��MEMORANDUM OF UNDERSTANDING.��The Texas
Rural Foundation and the department [Office of Rural Community
Affairs] shall enter into a memorandum of understanding that:
�������������(1)��requires the board of directors and staff of the
foundation to report to the executive director and board of the
department [Office of Rural Community Affairs];
�������������(2)��allows the department [Office of Rural Community
Affairs] to provide staff functions to the foundation;
�������������(3)��allows the department [Office of Rural Community
Affairs] to expend funds on the foundation; and
�������������(4)��outlines the financial contributions to be made to
the foundation from funds obtained from grants and other sources.
�������SECTION�89.��Section 487.711(a), Government Code, is amended
to read as follows:
�������(a)��The Texas Rural Foundation shall maintain financial
records and reports independently from those of the department
[Office of Rural Community Affairs].
�������SECTION�90.��Section 487.712, Government Code, is amended to
read as follows:
�������Sec.�487.712.��REPORT TO DEPARTMENT [OFFICE OF RURAL
COMMUNITY AFFAIRS].��Not later than the 60th day after the last day
of the fiscal year, the Texas Rural Foundation shall submit to the
department [Office of Rural Community Affairs] a report itemizing
all income and expenditures and describing all activities of the
foundation during the preceding fiscal year.
�������SECTION�91.��Subchapter P, Chapter 487, Government Code, as
added by Chapter 712 (H.B. 2235), Acts of the 80th Legislature,
Regular Session, 2007, is relettered as Subchapter Q, Chapter 487,
Government Code, and amended to read as follows:
SUBCHAPTER Q [P]. RURAL TECHNOLOGY CENTER GRANT PROGRAM
�������Sec.�487.751�[487.701].��DEFINITION. �In this subchapter,
"rural county" means a county that has a population of not more than
125,000.
�������Sec.�487.752�[487.702].��GRANT PROGRAM. (a) �Subject to
available funds, the department [office] shall establish a grant
program under which the department [office] awards grants to public
institutions of higher education, public high schools, and
governmental entities located in a rural county for the development
and operation of multi-institutional technology centers that
provide:
�������������(1)��community access to technology;
�������������(2)��computer literacy programs;
�������������(3)��educational programs designed to provide
concurrent enrollment credit for high school students taking
postsecondary courses in information and emerging technologies;
�������������(4)��training for careers in technology-related fields
and other highly skilled industries; and
�������������(5)��technology-related continuing and adult education
programs.
�������(b)��The executive committee by rule shall establish:
�������������(1)��eligibility criteria for grant applicants;
�������������(2)��grant application procedures;
�������������(3)��guidelines relating to grant amounts;
�������������(4)��procedures for evaluating grant applications; and
�������������(5)��procedures for monitoring the use of grants
awarded under the program and for ensuring compliance with the
conditions of a grant.
�������Sec.�487.753�[487.703].��FUNDING. �The department [office]
may seek, receive, and spend money received through an
appropriation, grant, donation, or reimbursement from any public or
private source to implement this subchapter.
�������SECTION�92.��Section 490A.003(a), Government Code, is
amended to read as follows:
�������(a)��The founding members of the network are:
�������������(1)��the Texas Cooperative Extension of The Texas A&M
University System;
�������������(2)��the IC2 Institute at The University of Texas at
Austin;
�������������(3)��the College of Agricultural Sciences and Natural
Resources at Texas Tech University;
�������������(4)��the Department of Agriculture;
�������������(5)��the Texas Workforce Commission;
�������������(6)��the Texas Department [Office] of Rural [Community]
Affairs;
�������������(7)��the Texas Center for Rural Entrepreneurship;
�������������(8)��the Texas Economic Development Council;
�������������(9)��CoSERVE at The University of Texas--Pan American;
�������������(10)��the office of external affairs at Texas Southern
University; and
�������������(11)��the John F. Baugh Center for Entrepreneurship at
Baylor University.
�������SECTION�93.��Section 531.02172(b), Government Code, is
amended to read as follows:
�������(b)��The advisory committee must include:
�������������(1)��representatives of health and human services
agencies and other state agencies concerned with the use of
telemedical consultations in the Medicaid program and the state
child health plan program, including representatives of:
�������������������(A)��the commission;
�������������������(B)��the Department of State Health Services;
�������������������(C)��the Texas Department [Office] of Rural
[Community] Affairs;
�������������������(D)��the Texas Department of Insurance;
�������������������(E)��the Texas Medical Board;
�������������������(F)��the Texas Board of Nursing; and
�������������������(G)��the Texas State Board of Pharmacy;
�������������(2)��representatives of health science centers in this
state;
�������������(3)��experts on telemedicine, telemedical
consultation, and telemedicine medical services or telehealth
services; and
�������������(4)��representatives of consumers of health services
provided through telemedical consultations and telemedicine
medical services or telehealth services.
�������SECTION�94.��Section 614.152(3), Government Code, as added
by Chapter 1215 (H.B. 1915), Acts of the 80th Legislature, Regular
Session, 2007, is amended to read as follows:
�������������(3)��"State fire agency" means the:
�������������������(A)��firefighters' pension commissioner;
�������������������(B)��Texas Department [Office] of Rural
[Community] Affairs;
�������������������(C)��service;
�������������������(D)��Texas Commission on Fire Protection;
�������������������(E)��Texas Engineering Extension Service of The
Texas A&M University System; and
�������������������(F)��Texas State Fire Marshal's Office of the
Texas Department of Insurance.
�������SECTION�95.��Section 772.011(b), Government Code, is amended
to read as follows:
�������(b)��The work group is composed of the heads of the following
agencies or their designees:
�������������(1)��the Texas Department [Office] of Rural [Community]
Affairs;
�������������(2)��the Texas Department of Housing and Community
Affairs;
�������������(3)��the Texas Water Development Board;
�������������(4)��the Texas Department of Transportation;
�������������(5)��the Texas Commission on Environmental Quality;
�������������(6)��the Texas Workforce Commission;
�������������(7)��the Department of State Health Services;
�������������(8)��the Health and Human Services Commission;
�������������(9)��the General Land Office;
�������������(10)��the Texas Education Agency;
�������������(11)��the Texas Economic Development and Tourism
Office;
�������������(12)��the [Texas] Office of State-Federal Relations;
�������������(13)��the Texas Higher Education Coordinating Board;
�������������(14)��the attorney general's office;
�������������(15)��the secretary of state's office;
�������������(16)��the Department of Public Safety; and
�������������(17)��the Railroad Commission of Texas.
�������SECTION�96.��Section 775.002(d), Government Code, is amended
to read as follows:
�������(d)��The following agencies shall designate an officer or
employee of the agency to serve as the agency's liaison for colonia
initiatives:
�������������(1)��the office of the attorney general;
�������������(2)��the Department of State Health Services;
�������������(3)��the Texas Department of Housing and Community
Affairs;
�������������(4)��the Texas Commission on Environmental Quality;
�������������(5)��the Texas Water Development Board;
�������������(6)��the Texas Department [Office] of Rural [Community]
Affairs;
�������������(7)��the Office of State-Federal Relations;
�������������(8)��the Texas Department of Insurance; and
�������������(9)��the Texas Department of Transportation.
�������SECTION�97.��Section 86.011, Health and Safety Code, is
amended to read as follows:
�������Sec.�86.011.��BREAST CANCER SCREENING. (a) �The Texas
Department [Office] of Rural [Community] Affairs may provide for
breast cancer screening in counties with a population of 50,000 or
less.
�������(b)��The Texas Department [Office] of Rural [Community]
Affairs may provide the breast cancer screening through contracts
with public or private entities to provide mobile units and on-site
screening services.
�������(c)��The Texas Department [Office] of Rural [Community]
Affairs shall coordinate the breast cancer screening with programs
administered by the Texas Cancer Council.
�������SECTION�98.��Sections 775.083(a), (b), and (c), Health and
Safety Code, are amended to read as follows:
�������(a)��On or before January 1 of each year, a district shall
file with the Texas Department [Office] of Rural [Community]
Affairs an annual report that includes the following:
�������������(1)��the district's name;
�������������(2)��the name of each county in which the district is
located;
�������������(3)��the district's business address;
�������������(4)��the name, mailing address, and term of office of
each commissioner;
�������������(5)��the name, mailing address, and term of office of
the district's general manager, executive director, and fire chief;
�������������(6)��the name of each legal counsel or other consultant
for the district; and
�������������(7)��the district's annual budget and tax rate for the
preceding fiscal year.
�������(b)��The Texas Department [Office] of Rural [Community]
Affairs may not charge a fee for filing the report.
�������(c)��The Texas Department [Office] of Rural [Community]
Affairs shall develop and maintain an Internet-based system that
enables:
�������������(1)��a district to securely file the report and update
the district's information; and
�������������(2)��the public to view, in a searchable format, the
reports filed by districts under this section.
�������SECTION�99.��Sections 776.083(a), (b), and (c), Health and
Safety Code, are amended to read as follows:
�������(a)��On or before January 1 of each year, a district shall
file with the Texas Department [Office] of Rural [Community]
Affairs an annual report that includes the following:
�������������(1)��the district's name;
�������������(2)��the name of each county in which the district is
located;
�������������(3)��the district's business address;
�������������(4)��the name, mailing address, and term of office of
each commissioner;
�������������(5)��the name, mailing address, and term of office of
the district's general manager, executive director, and fire chief;
�������������(6)��the name of each legal counsel or other consultant
for the district; and
�������������(7)��the district's annual budget and tax rate for the
preceding fiscal year.
�������(b)��The Texas Department [Office] of Rural [Community]
Affairs may not charge a fee for filing the report.
�������(c)��The Texas Department [Office] of Rural [Community]
Affairs shall develop and maintain an Internet-based system that
enables:
�������������(1)��a district to securely file the report and update
the district's information; and
�������������(2)��the public to view, in a searchable format, the
reports filed by districts under this section.
�������SECTION�100.��Sections 204.104(b) and (c), Occupations Code,
are amended to read as follows:
�������(b)��The Texas Department [Office] of Rural [Community]
Affairs shall establish policies for and adopt rules to administer
the loan program.
�������(c)��The physician assistant board shall authorize and the
medical board shall transfer annually the funds designated under
Subsection (a) to the Texas Department [Office] of Rural
[Community] Affairs to administer the loan program.
�������SECTION�101.��A reference in another law or administrative
rule to the Office of Rural Community Affairs means the Texas
Department of Rural Affairs.
�������SECTION�102.��This Act takes effect September 1, 2009.
______________________________ ______________________________
���President of the Senate Speaker of the House�����
�������I certify that H.B. No. 1918 was passed by the House on April
7, 2009, by the following vote:��Yeas 147, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House���
�������I certify that H.B. No. 1918 was passed by the Senate on May
14, 2009, by the following vote:��Yeas 31, Nays 0.
______________________________
Secretary of the Senate����
APPROVED:��_____________________
�������������������Date����������
����������_____________________
�����������������Governor�������